마약류관리에관한법률위반(향정)
1. Defendants shall be punished by imprisonment with prison labor for up to two years and six months.
2. However, the Defendants for three years from the date when this judgment became final and conclusive.
Punishment of the crime
The Defendants dealt with psychotropic drugs JWH-210 and 5F-UR-144, which are temporary narcotics, even if they are not authorized to handle narcotics, as follows:
On July 27, 2013, at their own residence located in Mapo-gu Seoul, D and 204, the Defendants entered Defendant A’s address, telephone number, name, etc. into the Internet “E” website via a computer, and then transferred KRW 969,250 from A’s account in the name of Han Bank (F) to the new bank account in the name of “G”, and received approximately 1.94g, JW-210 psychotropic drugs sent to an international express shipment, and approximately 5F-UR-144 g, temporary narcotics, etc. at around 09:40 on October 2, 2013.
Accordingly, the Defendants conspired to purchase psychotropic drugs and temporary narcotics, respectively.
Summary of Evidence
1. Defendants’ legal statement
1. Seizure records;
1. Each investigation report (attached details of deposits and withdrawals from the A account, and reporting on the calculation of additional collection charges);
1. The report on results of analysis conducted by Incheon Airport Customs Office;
1. Application of 5F-UR-14 approximately 4.67g (Evidence 1), 5F-UR-144 approximately 3.15g (Evidence 2), 5F-UR-144 approximately 4.70g (Evidence 3), 5F-UR-144 approximately 1.94g (Evidence 4) and JWH-210 legislation
1. The Defendants of relevant legal provisions on criminal facts: Articles 58(1)3, 3 subparag. 5, and 2 subparag. 3 (a) of the Act on the Control of Narcotics, Etc., and Article 30 of the Criminal Act (the psychotropic Drugs Trading) / Each prosecutor under Articles 58(1)3, 5-2(5), 3 subparag. 5, and 2 subparag. 3 (a) of the Act on the Control of Narcotics, etc., stated in Articles 58(1)1 and 5-2(4) of the Act as applicable provisions on the crime of purchasing 5F-UR-144, a temporary narcotics, etc., but Article 58(1)1 of the Act on the Control of Narcotics, etc., however, Article 58(1) of the said Act is only a punishment provision on the temporary narcotics transaction, and thus, with respect to the crime of purchasing 5F-UR-144 of the said Act, the applicable provisions should be corrected as above.
Article 30 (Temporary Narcotics Trading Point) of the Criminal Act